Lawyers representing Victoria mayor Samuel Azzopardi have filed a constitutional case calling on the Attorney General to replace a magistrate in a libel case also involving Gozo minister Anton Refalo.

Dr Azzopardi, elected on a PN ticket, is arguing that magistrate Joanne Vella Cuschieri's political history as a Labour Party candidate makes her unsuitable to hear a case involving politicians from opposing parties. 

The Times of Malta had announced lawyers' plans to file a constitutional case requesting the magistrate's removal last week.

Lawyers Jason Azzopardi, Kris Busietta and Julian Farrugia, all representing Dr Azzopardi, argue that their client's right to a fair hearing would be at risk should the case proceed under magistrate Vella Cuschieri. 

The libel case in question was instituted by Dr Azzo­pardi against Dr Refalo, after the minister made a remark about a drink-driving incident involving the mayor.

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